MODULE 3

FORM OF CHARGE
• A "charge" is a formal statement of the accusation
made against an accused person in a criminal trial. It
informs the accused of the precise nature of the
allegations they must defend against.
• Section 234
Content of Charge
• Every charge shall state the offence with which the
accused is charged
• If the law gives the offence any specific name the
offence maybe described in the charge by that name
only. A is accused of murder then mention “murder”in
the chargesheet
• If the law does not give the offence any specific name
so much of the definition of the offence must be stated
as to give the accused notice of the matter with which
he is charged
• The law an section of the law against which the offence
is said to be committed shall be mentioned in the
• Th charge shall contain such particulars as to time and
place of the alleged offence and the person against
whom or the thing in respect of which it was committed
• The charge shall be written in the language of the court
• Error in charge 238
• Alter charges 239
• Joinder of charges 241
• Every distinct offence of which any person is accused
shall be separately charged and every such charge shall
be tried separately

• Exception to this
Joinder of charge
1) Desire of the accused (proviso S241)
2) Five Offences of same kind within a year maybe charged
together
3) Same offences in the same transaction : If in one series of
acts so connected together as to form the same transaction
more offences than one are committed by the separately
charged with and trial for each such offences. (A enters a
house intending to commit theft (House Trespass) and also
commits murder inside the house. He can be charged and
tried for both offenses in one tria)
4) Offences of criminal breach of trust or dishonest
appropriation of property and their companion offences of
falsification of accounts
• Same act falling under different definition of offences : if
the act constitutes falling within two or more separate
definition of any law by which offences were defined or
punished. ( Rape and POCSO)
• Act forming an offence also constituting different
offences when taken separately on in groups. : ( Theft +
Violence =Robbery, + more than 5 people is dacoity)
charge can be made for theft, robbery and dacoity
• Where it is doubtful which offence has been committed.
(for example, theft or receiving stolen property or
criminal breach of trust or cheating)
• Certain persons may be charged jointly
• Persons accused of the same offence committed in the
course of the same transaction
• Persons accused of an offence and persons accused of
abetment or attempt to commit such offence
• Persons accused of difference offences committed in the
court of the same transaction. ( offence of conspiracy
and the offences committed by each such conspiratory
in pursuance of the conspiracy)
General Provisions and Inquiries
A PERSON ONCE CONVICTED OR ACQUITTED NOT TO BE TRIED FOR THE
SAME OFFENCE (S.337)
• Persons once convicted or acquitted not to be tried for same offence
• If a person has been tried and convicted or acquitted of an offence, he
cannot again be tried for the same offence or for any other offence which
is not distinct from one previously tried.
• Principle of autrefois acquit (formerly acquitted) and autrefois convict
( formerly convicted)
• Exception 1
• A person acquitted or convicted of an offence may afterwards be tried
for any distinct offence to which a separate charge might have been
made against him at the former trial. It can only be with previous
permission of state government. ( A is tried for murder and acquitted
• Exception 2
• A person convicted of an offence may be afterwards be tried for
another offence which is the consequences of the convicted
offences.
• Exception 3
• A court tried and convicted or acquitted an accused of an
offence. The facts of that offence constitute another offence.
The other offence constituted by the same facts cannot be tried
by the court which already tried the first offence. In such a case
on the basis of the same facts which constituted the first offence
the accused can again be charged and tried for another offence
by a competent court.
Legal Aid
• Section 340 : Any person accused of an offence before a
criminal court, or against whom proceedings are
instituted under this Sanhita may of right be defended
by an advocate of his choice.
• Section 341
Power to Pardon ( 343,344 and 345)
• An accomplice is a person who consciously participated in the
commission of a crime. An accused may turn as witness and
give evidence against his co-accused after getting pardon
from judicial magistrate. He can then be called approver
• Section 343 of the code empowers the chief judicial
magistrate or magistrate of the first class to grant pardon to
an accomplice at any stage of inquiry or trial of an offence.
• A pardon to an accomplice is limited to the following offences
An offence triable exclusively by the court of session
An offence punishable with imprisonment which may extend to
7 years or more
Forfeiture of pardon
• By virtue of Section 345 a person who had accepted a
tender of pardon can be tried for the offence for which
pardon was tendered if the public prosecutor certified
that such a person is either willfully concealing anything
essential or giving false evidence.
• The PP has to establish that the approver has failed to
comply with the conditions of pardon.
Power to postpone or adjourn
proceedings Section 346
• Proceedings shall be continued from day-to day basis. Women related offence, the
trial shall be completed within 2 months
• Circumstances when no adjournments can be given
• a) no adjournment shall be granted at the request of a party, except where the
circumstances are beyond the control of that party;
• (b) where the circumstances are beyond the control of a party, not more than two
adjournments may be granted by the Court after hearing the objections of the
other party and for the reasons to be recorded in writing;
• (c) the fact that the advocate of a party is engaged in another Court, shall not be a
ground for adjournment;
• (d) where a witness is present in Court but a party or his advocate is not present
or the party or his advocate though present in Court, is not ready to examine or
cross-examine the witness, the Court may, if thinks fit, record the statement of the
witness and pass such orders as it thinks fit dispensing with the examination-in-
chief or cross-examination of the witness, as the case may be.
Power of Judges
• 1) Local inspection (S.347)
• 2) Power to summon material witness or examine
person present (S.348)
• 3)Power of magistrate to order person to give specimen
signatures or handwriting (S.349)
• 4)Expenses of complainants and witnesses
• 5) Power to examine accused (s.351)
Provisions as to accused person of
unsound mind
• S.367 (Inquiry) and S.368 (Trial)
• A) magistrate shall inquire into the fact of such unsoundness of
mind and shall cause such person to be examined by the civil
surgeon or medical officer
• B) civil surgeon shall send the accused to a government
medical college for care, treatment and prognosis.
• C) Magistrate will determine whether the unsoundness of mind
render the accused incapable of entering defense. He shall
proceed to see if there is a prima facie case made out and
instead of postponing shall discharge the accused. If prima
facie case is made out, the magistrate shall postponed the trial
• S.369 : If a person is incapable of entering defense due
to reason of unsoundness of mind or intellectual
disability, the accused shall be released on bail. In cases
where bail cannot be granted, then the court shall order
the accused be given psychiatric treatment
• S.371: The trial or inquiry postponed, shall be resumed
after the accused ceases be of unsound mind.
• S.372. Judgment: the finding and the judgment of
acquittal due to unsoundness of mind shall specifically
state whether he has committed the act or not.
• S.374 . A person acquitted due to unsoundness of mind
but have committed the offence, shall be ordered to
safe custody or care of relative or friend by the
magistrate